REPESENTING CLIENTS AT TRIBUNALS WHERE CAPACITY IS AN ISSUE

By Jenny Oxton, Mental Health Executive 13th October 2015

As a legal representative I take instructions from my client’s and act on their behalf in accordance with those instructions. So what happens if someone is not able to understand the situation they are in and the legalities of the same? How can...

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DoLs and conditional discharge

By Salil Kumar, Mental Health Executive 4th August 2015

The return of the Conditional Discharge for those DoL
It may seem obvious that many patients when they are ready to be discharged from s.37/41 may well need considerable structure and support to successfully rehabilitate ...

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Another s.117 victory

By Salil Kumar, Mental Health Executive 22nd July 2015

"We have acted for a client whose section 117 status had been unlawfully removed by his MDT as the only reasons documented on the form for removing section 117 were to state that the client had, "continued to improve and that he was co-operative with...

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The compliant incapacitated patient

By Salil Kumar, Mental Health Executive 4th February 2015

Mental Health Act or DOLs and Mental Capacity Act?

In the case of AM v South London and Maudsley NHS Trust and Secretary of State for Health [2013] UKUT 365, the solicitors acting on behalf of AM argued that AM should be deprived of liberty...

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Paul Williams on community care services

By Paul Williams, TBA 3rd February 2015

Community Care Services and the right to a ‘needs’ assessment
This short guidance provides information about your legal right to an assessment from your local authority for community care services, if you are deemed to meet th...

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Jenny’s views on the medical pre hearing examination at FTT

By Jenny Oxton, Mental Health Executive 3rd February 2015

To Prelim or not to Prelim? Is the medical member a help or hindrance?
There has been a change to the First-Tier Tribunal (Mental Health) process with regards to the preliminary examination by the Medical Member of the Tribunal (R...

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Salil writes about nearest relatives

By Salil Kumar, Mental Health Executive 3rd February 2015

The importance of the Nearest Relative and their power to discharge patients detained under the Mental Health Act (MHA) 1983.
Your nearest relative is usually a family member who has special rights and responsibilities if you are detaine...

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Peter Edwards Law challenge to the smoking ban at Ashworth Hospital

By Stephen Beard, Solicitor 29th July 2014

We are currently representing a long term client in relation to a challenge (in the form of a judicial review application) to the total...

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Should alcoholics be locked up under the MCA?

By Jola Edwards, LLB Solicitor and Director 12th May 2014

RB v Brighton and Hove CC (2014) EWCA Civ 561, (2014) MHLO 25

In my previous article under the heading 'When should the state prevent vulnerable people from having sex?' I did not anticipate that Richard Gordon QC would try to argue (uns...

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Full submission to House of Lords select committee on MCA

By Peter Edwards, Solicitor and Director 13th March 2014

Peter Edwards (Peter Edwards Law)
Submissions to the House of Lords Select Committee on the Mental Capacity Act 2005.
'What good is it making someone safer if it merely makes them miserable?' Munby J
I am a Director of Peter Edward...

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When should the state prevent vulnerable people from having sex? Jolanta Edwards

By Jola Edwards, LLB Solicitor and Director 13th February 2014

When should the state intervene to prevent vulnerable peoplefrom having sex? Jolanta EdwardsIM v LM and Others [2014] EWCA Civ 37 (Court of Appeal)
As the solicitor with conduct of this matter...

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When should local authorities stop people having sex

By Peter Edwards, Solicitor and Director 10th February 2014

When should local authorities stop people having sex?
Peter Edwards Director, Peter Edwards Law
IM v LM and Others [2014] EWCA Civ 37 (Court of Appeal)
Or, as the Court more delicately put it:
'When is it appropriate for society to interv...

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Thank you for your magic letter, which dragged us out of a spiral of misinformation and raised the mist. In just 2 days you resolved a problem that had been like weeks of wading in treacle. We can't thank you enough for helping mum.